Abstract
Traditional Chinese Medicine (TCM) IP strategy is an integral part of China’s national IP strategy. It is of great value for the implementation of the Strategy to study the status quo of the patent protection of TCM and its impact on the related industries. This book gives a multidimensional illustration of the status quo of the patent protection of TCM in China from the following aspects: patent applications, patent grants and PCT of TCM. Then, it demonstrates the impact of patent protection on TCM industry after a detailed analysis of the R&D expense, social effects, human resources in TCM institutions and their output of scientific/technical papers.
This paper was published at Journal of International Biotechnology Law, 2009, 6(3):99–108, authors are Yongzhong Qiao and Xuezhong Zhu.
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Notes
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Classification A61K35/78 (materials from plants) in Edition Seven of IPC is combined into A61K36/00 (including Algae, lichen, fungi, plants and their derivatives, such as undetermined structures pharmaceutical preparation from traditional herbs) in Edition Eight (put into use on January 1, 2006). So, A61K36/00 is covered when we were retrieving data in 2006–2007.
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Because of the lag of patent granting, the increase of the granted patents resulting from the first revision of patent law could not be read in the data.
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Song Jiangxiu. The patent protection of TCM: the conditions, the problems and possible solutions [J]. Chinese Journal of Information on TCM, 2005(3):91 (in Chinese).
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Yao Zhengyu. The status quo of development and trends analysis of TCM industry [J]. Chinese Journal of Pharmaceuticals, 2007(10):127–132 (in Chinese).
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“Money China” thematic editing group. The analysis of the status quo and the prediction of its developing trend of TCM. Money China, 2007(10) (in Chinese).
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2008 market analysis and investment consulting report of TCM. China Investment Advisory Network. http://www.ocn.com.cn/reports/2006087zhongyao.htm.
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Although accessible authoritative data is limited, we can just study the number of TCM patent applications and grants, TCM R&D expenditures, and the TCM hospital balance of payments from 1998 to 2006. The following data are in the same condition.
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Hong wei. Happiness and worries on the internationalization of TCM [J]. Technology Times, 2008-01-18 (in Chinese).
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“College students majoring in Chinese medicine” refers to the sum of the postgraduates, the undergraduates and the junior college students who passed the national unified entrance exam that year.
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Zheng Tianhong, Bai Jiechun, Wang Pan. To break the “barriers to trade mark” of TCM. http://www.gd.xinhuanet.com/2005-04-21.
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“Modified ease powder” is from Peace Huimin Mixture, “Chinese angelica root and lactiflora peony root soup”, “cinnamon twig and tuckahoe pills” from Synopsis of Prescriptions of Golden Chamber, Paeonia lactiflora and hay soup from Treatise on Febrile Diseases.
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Qiao, Y., Zhu, X. (2017). The Patent Protection of the Traditional Chinese Medicine and the Impact on the Industry R&D in China. In: Qiao, Y. (eds) Maintenance Time and the Industry Development of Patents. Springer, Singapore. https://doi.org/10.1007/978-981-10-1621-9_14
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DOI: https://doi.org/10.1007/978-981-10-1621-9_14
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